Reed blames party's planners for drowning

Harrisburg Mayor Stephen R. Reed said Tuesday he blames the organizers of the weekend rave party on McCormick's Island for the drowning death of a city man who tried to swim to the party.

Christian Yanez, 27, of the 1400 block of North Second Street died while trying to swim to the island about 4:30 a.m. Sunday, officials said. A friend who was with Yanez told police the pair had heard about the party while drinking in a tavern downtown and, despite being intoxicated, decided to try to reach the island.

Yanez's body was recovered about 9 a.m. Sunday roughly 500 yards downstream from Front and Edward Streets, about 50 yards off the East Shore.

The event organizers, San Diego residents Quincey O. Morton, 31, and his wife, Kirsten Tonja Swartz-Morton, 32, owners of Central Pennsylvania Underground Productions, were charged with 127 counts of reckless endangerment each in connection with the party.

In addition, they and more than 200 of the estimated 300 to 500 people who attended the party received citations for illegal assembly. The organizers have not been charged in connection with Yanez's death, but Reed said he considers them responsible.

Yanez and the other man "were going out there because of the big party," Reed said. "Only the organizers bear responsibility in connection with the young man's death. The attendees are not responsible for the drowning."

Reading a statement from the organizers, their attorney, Alan Ross, said, "CPU Productions offers their condolences to the Yanez family."

Ross said Yanez's death was a tragedy, but his clients were not responsible.

"We cannot justify the actions of a person who was intoxicated. Any reasonable person who would stand on that river bank at Front and Edward would look at the distance between the bank and the island and would not decide to swim," Ross said. Yanez "made a decision, unfortunately a foolish one," he said.

Rules for the event, posted on the promoters' Web site and circulated by e-mail to those planning to attend, stated shuttle boat service to the island would cease at 10 p.m. because of safety concerns and would resume at 6 a.m.

Yanez knew those rules but tried to get across anyway, Ross said. The man who was with Yanez had known for at least a week that the boats were the only way to the island and that they would not run between 10 p.m. and 6 a.m.

That message was repeated when the two men encountered a pair of event staffers on the shore, Ross said. "They were specifically told by two of the event's staff that nobody would be allowed on until morning," Ross said.

Ross conceded organizers did not have a permit for the gathering and had not applied for one.

More than 100 of the people cited with illegal assembly were from out of state. They were detained until they paid a $1,051 fine or posted that amount as collateral pending a hearing. At least 48 of those have been released, a night court spokeswoman said.

It was not clear how many remained in Dauphin County Prison, and prison officials could not be reached for comment Tuesday night.

Ross said he has not seen any evidence of reckless endangerment by his clients.

"They had boats there for emergencies. They had a certified EMT, a registered nurse and an LPN on the island. They had a security guard on the island and a staff of approximately 15 individuals directing campers as to what they could and could not do," Ross said. "I am not trying to say they did everything proper, but they should not be charged with reckless endangerment."

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